P. v. Vriethoff
Filed 10/4/06 P. v. Vriethoff CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Yuba)
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| THE PEOPLE, Plaintiff and Respondent, v. TROY PATRICK VRIETHOFF, Defendant and Appellant. |
C051905
(Super. Ct. Nos. CRF05647, CRM05974)
|
This appeal involves two cases consolidated for sentencing.
In case No. CRM05974, defendant Troy Patrick Vriethoff entered a negotiated plea of no contest to resisting an executive officer with force or violence, a felony (Pen. Code, § 69),[1] in exchange for a stipulated two-year prison sentence and dismissal of the remaining charges. Among the conditions of defendant’s plea were that he would (1) be released on his own recognizance pending sentencing after entering a Cruz waiver,[2] and (2) agree to “give up [his] right to file any type of an appeal.” Defendant failed to appear for sentencing.
In case No. CRF05647, defendant entered a “straight up” guilty plea to failing to appear after being released on his own recognizance, a felony (§ 1320, subd. (b)) and admitted that at the time he failed to appear he was released from custody on his own recognizance (§ 12022.1, subd. (a)) and admitted a prior strike conviction (§§ 667, subds. (d) & (e), 1170.12, subds. (b) & (c)).
In case No. CRF05647, the trial court denied defendant’s motions to strike his prior strike conviction (People v. Romero (1996) 13 Cal.4th 497) and/or reduce his conviction of section 1320, subdivision (b) to a misdemeanor (§ 17, subd. (b)) and sentenced him to an aggregate term of six years in prison, consisting of four years (twice the middle term) for failing to appear, plus two years for the section 12022.1, subdivision (a) enhancement, with credit for 48 days (32 actual and 16 good conduct).
In case No. CRM05974, the court sentenced defendant to two years in prison to run concurrent with his sentence in case No. CRF05647.
The court ordered defendant pay an $800 restitution fine, an $800 parole revocation fine and a $20 court security fee in each case.
Defendant appeals. He failed to obtain a certificate of probable cause. (§ 1237.5.)
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
CANTIL-SAKAUYE , J.
We concur:
BLEASE , Acting P.J.
NICHOLSON , J.
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[1] Hereafter, undesignated statutory references are to the Penal Code.
[2] A Cruz waiver allows a defendant who has pled guilty to be temporarily released from custody. (People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5; People v. Masloski (2001) 25 Cal.4th 1212, 1217.) In return, the defendant agrees that the judge is not bound by the terms of the plea and may impose the maximum sentence if the defendant fails to appear for sentencing. (See People v. Masloski, at pp. 1222-1223.)
